Think Progress

Fox News’ Shep Smith: ‘This is America; you do not get to hold people for five years without’ charges.

Today, a federal grand jury formally charged Ali Saleh Kahlah al-Marri — the only “enemy combatant” held inside the United States — “with two counts of providing material support to al Qaeda.” This afternoon, Fox News host Shepard Smith briefly veered off the Fox reservation and expressed outrage that al-Marri has been imprisoned for five years without any charges being filed against him:

SMITH: He has been held in a military prison for more than five years — not Chris Wallace — this next person. And he wasn’t ever charged. Think about that. I mean just think about it fundamentally. You are held for five years in prison, and you’re never charged! Oh well it was an al-Qaeda suspect, suspected al-Qaeda operative. Who cares who it is?! You don’t get to — this is America; you do not get to hold people for five years without — actually, you do. But he’s getting its day in court now.

Watch it:

Indeed, bringing charges against al-Marri in a civilian court represents “an abrupt change in policy from the Bush administration” which “had argued that he could be held indefinitely without being charged.” Attorney General Eric Holder said today that the indictment “shows our resolve to protect the American people and prosecute alleged terrorists to the full extent of the law” and that the Obama administration “will hold accountable anyone who attempts to do harm to Americans, and we will do so in a manner consistent with our values.”



69 Responses to “Fox News’ Shep Smith: ‘This is America; you do not get to hold people for five years without’ charges.”

  1. Hoodathunk says:

    “Slowly I turned…”


  2. ElBruce says:

    Why can’t more conservative populists be like Shep?


  3. ralph the wonder llama says:

    Shep Smith has often shown flashes of courageous rationality over the last few years.

    Makes me wonder how he’s kept his job.


  4. joe cantwell says:

    bravely spoken by shep.

    *

    again i hate to go ot but i think this is important.

    *

    thank you.

    *


  5. spencers mom says:

    And just in, Shep Smith will be spending more time with his family.

    You know America has gone off the rails when people aspire to be treated like a criminal.

    PEACE


  6. deebaser says:

    wow…

    The pendulum is FINALLY swinging back to decency.


  7. aquarius2 says:

    I like Shep Smith, too bad he is on Fox news. His Iraq coverage and his Katrina coverage were outstanding.


  8. P.D. says:

    Shep said that! Wow! I’m suprised Faux News Exes didn’t frog march him out the door!


  9. StratRat says:

    Dude! I think I see my country again. What a sight for sore eyes. I’d like to welcome the Constitution back into the spotlight. Its been a looooong time.


  10. shoeless says:

    What!!!! A Pox Muse host who supports the Constitution of the United States of America????

    What is this world coming to?


  11. pd says:

    Coming soon… Shepard Smith apologizes to Rush Limbaugh.


  12. LividLib says:

    “You don’t get to — this is America…”

    It is now.


  13. Max-1 says:

    .

    Schlep Smith…
    … Manufactured outrage!

    .


  14. Cats r Flyfishn says:

    Yes, yes, yes… liberal values are true American values. These are the values upon which our Constitution is based.


  15. Joe the Philosopher says:

    For a guy who looks like he spends all his time in West Hollywood gay bars, it’s hard to take Shepard Smith seriously.


  16. Max-1 says:

    .

    Schlep Smith said:

    Who cares who it is?! You don’t get to — this is America; you do not get the hold people for five years without — actually, you do.

    Which is it Schlep, you can or you can’t? Because here, you’re suggesting both. Which in my circle is called duplicity. You just can’t have two opposing views as your one truth.

    So Schlep, which is it. In the former America(pre Bush II) it was considered a violation of Constitutional Rights. But now since the (S)election of Bush II, any president can order the violation of the USA because your team, Schlep, convinced, cajoled, used fear and manipulation of the American psyche to make it appear O.K.

    So, Schlep, which is it…
    … You were for illegal detention BEFORE you were against it, REALLY?

    REALLY?

    .


  17. WillowOrchid says:

    Mr. Smith is Fox’s “token Human”.


  18. J 4 lD says:

    I’m glad Shep finally expressed his feelings on this issue. I mean, he did it 5 years too late, but at least he did it. Where was the outrage after the first year when this person was not charged?

    Another commenter posted this:

    Coming soon… Shepard Smith apologizes to Rush Limbaugh.

    That’s pretty funny and I hope Shep is not that type of guy.

    Plunditry Blog- http://plunditry.com
    Check it out and tell me what you think!


  19. joe cantwell says:

    Joe the Philosopher Says:
    For a guy who looks like he spends all his time in West Hollywood gay bars, it’s hard to take Shepard Smith seriously.

    *

    don’t you have a backed up

    septic tank to fix?

    *

    don’t forget your snorkel.

    *


  20. Nevar says:

    Joe the Philosopher Says:
    “For a guy who looks like he spends all his time in West Hollywood gay bars, etc…”

    I knew you sounded familiar, how come you never called?


  21. 08Dariana says:

  22. Buckie Boy says:

    the Obama administration “will hold accountable anyone who attempts to do harm to Americans….

    Does this include Bush/Cheney?

    I guess WAR CRIMINALS are just free to go.


  23. TheAntichrist says:

    This is nothing. You guys should talking about how Obama watches Fox News and covertly attacks their position in his nationally televised speeches.
    It’s driving Glenn Beck, Cavuto, O’reilly, and Hannity completely crazy. Karl “panties in a bunch” Rove just recently wrote a article in the Wallstreet Journal about it.

    Obama is a rhetorical genius lol.


  24. Bozo The Neoclown says:

    hold up. let me get this straight. does this clown work for the same faux noise that to a man complained when the writ of habeus corpus was extended to terrorism suspects?


  25. TheAntichrist says:

    This is nothing.

    You guys should be talking about how Obama watches Fox News and covertly attacks their position in his nationally televised speeches.

    It’s driving Glenn Beck, Cavuto, O’reilly, and Hannity completely crazy.

    Karl “panties in a bunch” Rove just recently wrote a article in the Wallstreet Journal about it.

    Obama is a rhetorical genius lol.


  26. hanshiro says:

    6. deebaser Says: wow…The pendulum is FINALLY swinging back to decency.

    Er…not quite…

    Government Should Not Maintain “Other Gitmos,” Says ACLU

    February 23, 2009

    NEW YORK – The Obama administration told a federal court late Friday that military detainees in Afghanistan have no legal right to challenge their detention. The move, which is a continuation of the Bush administration’s detention policy, comes in a lawsuit filed on behalf of several prisoners who have been indefinitely detained at the Bagram Air Force base for years without trial. The American Civil Liberties Union calls on the new administration to reconsider this troubling position.

    “The Obama administration did the right thing by ordering Guantánamo closed. But a restoration of the rule of law and American ideals cannot be achieved if we allow ‘other Gitmos’ to be maintained around the globe,” said Anthony D. Romero, Executive Director of the ACLU. “Detainees at Bagram, like at Guantánamo, are under U.S. control and custody. It is therefore the responsibility of the U.S. to ensure that basic fundamental rights apply there. As its review of detention facilities continues, we strongly urge the Obama administration to reconsider this position.”

    The detention facility at Bagram was set up by the U.S. military after the U.S. invaded Afghanistan in 2001. Like Guantánamo, it was designed to be out of the reach of U.S. courts – a legal black hole – during the so-called “war on terror,” which lacks geographical or durational boundaries. Like Guantánamo, Bagram holds individuals from all over the world, including locations where there are no combat operations taking place. Like Guantánamo, Bagram holds terrorism suspects who were not captured on the battlefield and has imprisoned victims of the Bush administration’s illegal extraordinary rendition program. And like with Guantánamo, there are well-documented reports of serious prisoner mistreatment and torture at Bagram. But in some ways, Bagram is perhaps even worse than Guantánamo because there is less judicial oversight, process and public scrutiny.


  27. Arctic Ghetto says:

    Did this just occur to Shep? At four years no hackles were raised? Has he been in some kind of coma that makes it appear that he is awake and talking? For gods sake don’t piece together and read the Patriot Act. This is America and we have no idea what rights we have left.


  28. ElBruce says:

    Max-1 Says:

    Schlep Smith said:

    Who cares who it is?! You don’t get to — this is America; you do not get the hold people for five years without — actually, you do.

    Which is it Schlep, you can or you can’t? Because here, you’re suggesting both. Which in my circle is called duplicity.

    What he’s pointing out there is that we’re not supposed to, but nevertheless we have.

    But I agree that he should have said this about five years ago, if it’s what he believes.

    .

    TheAntichrist Says:

    This is nothing. You guys should talking about how Obama watches Fox News and covertly attacks their position in his nationally televised speeches.

    Interesting… well, he did say he would listen to their opinions. Now they’re whining about it.


  29. Max-1 says:

    ElBruce,
    When Schlep affirmed that America does hold people uncharged for years, was he speaking out against it? I found his rhetoric quite confusing. In the same sentance he stated that as Americans we should not, but do anyway… and left it at that. It’s the “actually, you do” sentiment that I disagree with Schlep on. He’s saying it as if we not only have, but CAN!


  30. ralph the wonder llama says:

    Joe the Philosopher Says:
    For a guy who looks like he spends all his time in West Hollywood gay bars, it’s hard to take Shepard Smith seriously.

    I don’t understand. Whether you look like you spend all your time in WeHo gay bars (I’ll have to take your word for that) or not, why would it keep you from taking seriously a guy on television?


  31. T R L says:

    hey ya know what I think happened??someone snuck in and spiked sheps faux CONservitive kool-aid with some liberal truth serum


  32. Bilbo Hussein Baggins says:

    So Shep, how is this any different than what we are doing to the men in Guantanamo?


  33. Bilbo Hussein Baggins says:

    Joe the Philosopher Says:
    For a guy who looks like he spends all his time in West Hollywood gay bars, it’s hard to take Shepard Smith seriously.

    So, are you saying that just because someone is gay, they can’t be taken seriously? My how bigoted of you.


  34. Bilbo Hussein Baggins says:

    Joe the Philosopher Says: yada yada yada

    Ok, I haven’t been around much for a while. Who got banned to come back as this incarnation?


  35. sectionop92 says:

    Come on Shep, do what the Log Cabin Republicans refuse to do:

    Leave the building and don’t look back.


  36. sectionop92 says:

    Bilbo Hussein Baggins Says:

    Joe the Philosopher Says:
    For a guy who looks like he spends all his time in West Hollywood gay bars, it’s hard to take Shepard Smith seriously.

    So, are you saying that just because someone is gay, they can’t be taken seriously? My how bigoted of you.

    They’re right in one regard: Rush Limbaugh.


  37. NorthernLite says:

    Joe the Philosopher says:

    This statement begs the the question as to: How would you know what a guy looks like who spends all his time in West Hollywood gay bars? Do you work there or just one of the regulars?


  38. dbearton says:

    Faux news is still faux news. A pile of shit!


  39. fergus says:

    Shep is a windsock. He goes whichever way the wind blows. When Cheney was president indefinite incarcaration was alright. Now, it’s not. An apology to Rush will not do for this outragous defection from the CONservative line. He will have to do penance mucking out the Limbaugh hog wallow.


  40. Joe the Philosopher says:

    NorthernLite Says:

    Joe the Philosopher says:

    This statement begs the the question as to: How would you know what a guy looks like who spends all his time in West Hollywood gay bars? Do you work there or just one of the regulars?

    By that, I mean an OBVIOUS FAG. If you don’t like that, that’s tough.


  41. joe cantwell says:

    Joe the Philosopher Says:
    NorthernLite Says:

    Joe the Philosopher says:

    This statement begs the the question as to: How would you know what a guy looks like who spends all his time in West Hollywood gay bars? Do you work there or just one of the regulars?

    By that, I mean an OBVIOUS FAG. If you don’t like that, that’s tough.

    *

    you changed my mind.

    i like it.

    happy?

    :)


  42. konchster says:

    Sam blows his cover every once in awhile. He is actually smarter than the usual Faux News jerks. Displaying little bits of sense like this is bound to catch up with him. Clinton caught and tried real terrorists and put them in prison and executed one Bush’s catches always seemed to have a mist of lack of proof hovering around them


  43. DNFP says:

    Joe the Philosopher says:

    Takes one to know one.

    xoxo


  44. youtube says:

    You need to becarefull out there The fox will bite you Shepard Smith.


  45. Zooey says:

    Where has Shep been all this time…?

    Duh.


  46. Zooey says:

    Ummmm, there’s a typo in the headline of this post.

    Should be: Fox News’ Shep Smith: ‘This is America; you do not get [to] hold people for five years without’ charges.

    Unless Shep is speaking Typonese, of course.



  47. Wayne A. Schneider says:

    I saw that, too, Zooey. I have written to TP before about their obvious lack of spell-checking and proof-reading, especially to look for omitted words (a common error.)

    While they’re checking their own spelling, they can give us a preview box, so we can correct our own. I don;t want to have to keep switching to Mozilla, but I will if I have to, just to get to TP. Mozilla comment boxes appear to have an automatic spell checker, so you can see your misspelled words before posting.


  48. paratus says:

    Meanwhile a statement defending detention would NEVER appear on MSNBC.

    Who’s fair and balanced?


  49. OzDanJoaquin says:

    Hey, Joe the Philosopher, I actually think you’re right about Shep Smith being gay. But, why would that make it hard for you to take him seriously? Do you think gayness somehow impairs the intellect? As a self-declared philosopher you might want to read up on Socrates whose sexuality didn’t appear to be an impediment to his philosophic greatness or mental acuity. For a couple more recent examples of gay intellectuals I’d recommend the writings of the brilliant constitutional lawyer Glenn Greenwald or, if you’re more conservatively inclined, Andrew Sullivan.

    I wouldn’t for a moment suggest Shep Smith is in the league of Socrates, Greenwald or Sullivan, but his sexuality should have nothing to do with your ability to take him seriously. And, in case you didn’t know, calling someone a “fag” is every bit as offensive and patently stupid as any other racial, ethnic or minority slur.

    You need to pull your head in buddy.


  50. Angellight says:

    It is encouraging to see that someone over at Fox has some ethics and morals.


  51. rocks911 says:

    Really, a typo in the headline?

    Who proofreads at Think?

    …”do not get to hold people”…, not, “do not get the hold people.”

    C’mon.


  52. Pennsylvanianne says:

    For the past eight years this was Faux America, where the federal government DID hold people without charges indefinitely. The Bush administration wanted it that way, and Faux hosts cheered them on, essentially arguing that 9/11 justifies the US doing whatever it wants in revenge. Forget our Founding Fathers’ beliefs. 9/11 justifies everything and anything.
    Why Shep didn’t argue for this sooner or stays on Faux now that the wind has changed direction are questions only Shep can answer.


  53. ralph the wonder llama says:

    Fox News Rules Says:
    I guess WAR CRIMINALS are just free to go.

    Explains why murtha is still free.

    Uh… you did see that the change in this man’s condition was that he had been charged with a crime finally, didn’t you? And to you that means he is “free to go”?

    Jeezus, Mr. Pee. This incarnation isn’t any smarter than your last one. Give it up.


  54. Joe the Philosopher says:

    “OzDanJoaquin Says:

    Hey, Joe the Philosopher, I actually think you’re right about Shep Smith being gay. But, why would that make it hard for you to take him seriously? Do you think gayness somehow impairs the intellect? As a self-declared philosopher you might want to read up on Socrates whose sexuality didn’t appear to be an impediment to his philosophic greatness or mental acuity. For a couple more recent examples of gay intellectuals I’d recommend the writings of the brilliant constitutional lawyer Glenn Greenwald or, if you’re more conservatively inclined, Andrew Sullivan.

    I wouldn’t for a moment suggest Shep Smith is in the league of Socrates, Greenwald or Sullivan, but his sexuality should have nothing to do with your ability to take him seriously. And, in case you didn’t know, calling someone a “fag” is every bit as offensive and patently stupid as any other racial, ethnic or minority slur.

    You need to pull your head in buddy.”

    I knew I would get some flak when I used the expression “obvious fag.” The key word there is “obvious.” I don’t want an “obvious” fag giving me the news anymore than I want an obvious Republican or Democrat or plumber or dish washer giving me the news. I don’t want my news people to be anything but purveyors of truth. I don’t want them to be obvious Bolivians, Orientals, Nazis or bag ladies on steroids.

    As far as affecting Shepard Smith’s credibility, his believability was destroyed a long time ago by spreading Rupert Murdoch’s lies and messages of hate. If gay people want to promote their acceptance, they shouldn’t associate themselves with Zionist nut-jobs.

    As a last comment (because this subject is tiresome), let me say, without consulting Socrates or Aristotle, that a society, any society, has a vested interest in preserving itself and you don’t do that by promoting homosexuality.

    Otherwise, I believe that gays are as good as anyone else.


  55. Zooey says:

    That’s just what I’d expect from someone who calls himself “Joe the Philosopher.”

    Grow a brain.


  56. Joe the Philosopher says:

    I’m glad you got what you expected. It feels good to please people.


  57. Joe the Philosopher says:

    P.S. I wanted to call myself Joe the Plumber but the name was already taken.


  58. EugeneDebs says:

    Fox News Rules Says:

    I guess WAR CRIMINALS are just free to go.

    Explains why murtha is still free.
    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

    No it is why Bush and Cheney are still free you ignorant punk. Your slander of Murtha shows just how stupid and worthless you are.


  59. OzDanJoaquin says:

    Joe the Philosopher writes:
    “a society, any society, has a vested interest in preserving itself and you don’t do that by promoting homosexuality.”

    I really don’t see how promoting acceptance of and equality for gays and lesbians impairs any societies self-preservation. The incidence of homosexuality in human populations seems to be as constant as left-handedness throughout history, regardless of whether it was celebrated, tolerated, denied or vilified. It’s also a remarkably constant and well-observed phenomena in literally hundreds of other species. In Darwinian terms its clearly a benign variant. I’d say a far better predictor of a society’s ability to ‘preserve itself’ is its willingness to embrace diversity, ensuring that all its citizens are best able to contribute and acheive their fullest potential, regardless of their gender, race, creed, class, ethnicity or sexuality.

    And Joe, if you’re worried about the impact of homosexuality on a society’s birth rates, you shouldn’t. First, overpopulation is the far likelier hazard. Second, as society becomes more equitable many, many more gays and lesbians are becoming parents themselves or adopting the unwanted children of others.


  60. valency says:

    This isn’t as big a red-letter day as you might think. A lot of Republicans are starting to rediscover civil liberties now that an Obama administration is controlling things.


  61. skorpeo says:

    i heard a rumor once, i think it was from bill mahre, that bill o’reilly really isn’t as conservative as he comes across. i sorta believe it because i don’t think bill o’reilly is smart enough to have an original thought, and will read whatever’s put in front of his face.

    but shep smith…? i’ve seen several times shep mention something or say something that was not along the “party line”. remember his interview with joe the plumber (a.k.a. sam the unlicensed handyman) regarding obama’s stance on israel? shep actually called “joe” out on the statements that a vote for obama was a vote for the death of israel, and that “joe’s” comments were “scary”.


  62. Bailey Reynolds says:

    Shep Smith needs to start blogging at Huffington Post.

    He’s long been the lone voice of sanity at Fox Noise – for me.


  63. geofromnj says:

    Joe the Philosopher has spoken. Unfortunately, “OBVIOUS FAG” is as deep as it gets in Joe’s philosophical mind. Aristotle, Descartes, Heidegger, he ain’t.


  64. rustywheeler says:

    @15: “For a guy who looks like he spends all his time in West Hollywood gay bars, it’s hard to take Shepard Smith seriously.”

    I think what Joe is saying here is that HE is the guy who looks like he spends all of his time in WeHo gay bars; “It’s hard for ME to take Shep seriously.” If that’s not what he meant, he should check his modifier placement.


  65. antonym says:

    Sheppy almost came through…

    Then, he realized what he was saying (almost sounding like an American) and says, “actually you do” get to hold people without charge or trial.

    He doesn’t know what side of the fence to jump to, so he teeters on top of it.

    Another half-a-nothing.


  66. middleman says:

    Wow…you guys are truly bitter huh? First off, it is a television program right? So please tell me why any of you would take anything you see on tv to be truth? We are all drinking something if that is the case. Whether it be Kool Aid or a truth serum makes no difference when we start trusting the talking heads. Neither side of any argument has it right or wrong. There is your version/interpretation/perception, my version/interpenetration/perception, and then there is the truth/reality.

    The truth is almost always distorted anyhow so how then can you all be so pissy and ignorant. Fox News, CNN, MSNBC and all other news/media outlets are in the business of retaining advertising money and keep ratings. They are not in business to tell the truth or to entertain whatever twisted reality the majority of us entertain. Free Thinking is the majority, only problem is when you are a free thinker there is no room for commercials so they don’t know how to sell it to you.



  67. bob jaquette says:

    Shep

    I suppose you want to go after F.D.R, Truman etc. for all the civilians they had killed. You don’t look good on a Keith like rant.



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